Marsh v. Oregon State Penitentiary

Court of Appeals of Oregon

Marsh v. Oregon State Penitentiary

713 P.2d 45, 77 Or. App. 304

CourtCourt of Appeals of Oregon

DecidedJanuary 22, 1986

Docket05-83-323; CA A31967

StatusPublished

This text of 713 P.2d 45 (Marsh v. Oregon State Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marsh v. Oregon State Penitentiary, 713 P.2d 45, 77 Or. App. 304 (Or. Ct. App. 1986).

Pincite

Opinion

PER CURIAM

Petitioner was placed in segregation on May 24,1983, pending a disciplinary hearing. Later, on an unrelated charge, he received a sanction of two years in segregation. Still later, he received six months in segregation on another disciplinary rule violation to run consecutive to the two-year sanction. He seeks review of the later sanction, apparently contending that he should have been given credit for the time he had served in segregation pending a disciplinary hearing.

The state concedes that under OAR 291-105-051(F) the hearings officer, in recommending a sanction, should give credit for time served and that, in this case, petitioner should have been given one additional day’s credit.

Remanded with instructions to credit petitioner with time in segregation, beginning May 24,1983.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM

Petitioner was placed in segregation on May 24,1983, pending a disciplinary hearing. Later, on an unrelated charge, he received a sanction of two years in segregation. Still later, he received six months in segregation on another disciplinary rule violation to run consecutive to the two-year sanction. He seeks review of the later sanction, apparently contending that he should have been given credit for the time he had served in segregation pending a disciplinary hearing.

The state concedes that under OAR 291-105-051(F) the hearings officer, in recommending a sanction, should give credit for time served and that, in this case, petitioner should have been given one additional day’s credit.

Remanded with instructions to credit petitioner with time in segregation, beginning May 24,1983.

Cite This Page — Counsel Stack

Bluebook (online)

713 P.2d 45, 77 Or. App. 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marsh-v-oregon-state-penitentiary-orctapp-1986.